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      11-04-2011, 11:38 AM   #1
Kerr
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Employment law

At work today it came out that various people doing the same job are on different contracts.

For example some people are paid double time for all overtime while others get time and a half.

I had a quick google and read all pro rata benefits should be the same for all employees doing the same job.

Would that cover overtime rates too or is it purely by individual contract?
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      11-04-2011, 11:41 AM   #2
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Yes it should be the same - if they're doing the same job then the T&C must be the same. (equality law)
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      11-04-2011, 11:46 AM   #3
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The women should get paid less surely?
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      11-04-2011, 11:48 AM   #4
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Mate, we have the same thing at our place. We even kicked off but only to get shot down pretty quickly.

Good luck with sorting it.
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      11-04-2011, 11:51 AM   #5
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I've just recently finished reviewing 60-odd contracts of employment because of differences like this and it was a fcuking nightmare but there is no interpretation here - they must get the same benefits.

You can have pay-scales to pay people differently who essentially do the same job and you can give an extra day holiday for ten years service and stuff like that, but if one person gets double time it is not legal to pay someone else time-and-a-half working at the same job.
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      11-04-2011, 01:13 PM   #6
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Quote:
Originally Posted by willhollin View Post
The women should get paid less surely?
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      11-04-2011, 05:09 PM   #7
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If they were aware of the terms at time of appointment and agreed to them then there is no problem, they knew the deal and accepted it.
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      11-05-2011, 07:02 AM   #8
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It depends on the individuals T&C's. With legislation like TUPE meaning bulk employee transfers between organisations, it is inevitable that there will be differences in individuals T's & C's. Normally companies go through a consultancy process and try to normalise the disparity.
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      11-05-2011, 12:34 PM   #9
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Quote:
Originally Posted by dxb335d View Post
Mate, we have the same thing at our place. We even kicked off but only to get shot down pretty quickly.

Good luck with sorting it.
how did you get 'shot down'?
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